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E.D.Tenn.: Nexus shown for drug dealer's home

By John Wesley Hall, Jr.

With search warrants for drug dealers, nexus is almost per se shown for their home for drugs and money. United States v. Huerta, 2009 U.S. Dist. LEXIS 116621 (E.D. Tenn. November 10, 2009): "In the case of drug dealers, evidence is likely to be found where the dealers live," United States v. Jones, 159 F.3d 969, 975 (6th Cir. 1998), quoting United States v. Lamon, 930 F.2d 1183 (7th Cir. 1991). A case that originated in this court is directly on point: United States v. Gunter, 551 F.3d 472 (6th Cir. 2009). Gunter argued that the affidavit filed in support of the search warrant issued by this court failed to establish a nexus between his residence and the criminal activity otherwise described in the affidavit, arguing that "the affidavit does not contain any facts indicating that Gunter was dealing drugs from his residence, and that the affidavit only mentions his residence in one short paragraph ...continue to full post

Full post as published by Fourth Amendment on December 18, 2009 (boomark / email).